Arkansas law is clear. A person who causes someone else to be injured through negligence is responsible for paying all legal damages caused by the occurrence. What is not clear is the amount of money is owed. This uncertainty is often compounded by common problems such as inadequate insurance; questions of fault (where two (2) or more people may have caused the collision); and the fact that few people involved in significant collision trauma come to it without any pre-existing conditions.

Each of these common problems can give incentive to insurance companies and their teams of attorneys to deny or discount valid claims. We have acquired many tools to overcome these common barriers, but for us to be most effective we need to be involved in the matter early enough to investigate the potential for these issues to crop up and head them off at the pass.

Barriers to Obtaining Full Value

Insurance: The scope and severity of the loss will determine the extent of damages (money that must be paid). The amount of insurance coverage available is one of the most critical factors. In Arkansas, personal vehicles such as cars and trucks must have coverage in the amount of at least $25,000. For commercial trucks weighing more than 10,000 pounds, federal law compels coverage in the amounts of: $750,000 (bodily injury); $1,000,000 (bodily injury for hazardous materials); $5,000,000 (explosives). Trucks weighing 10,000 pounds or less must have coverage in the amount of $300,000 for personal injury and property damage.

As a practical matter, it is often true that the amount of insurance money available will determine the case value. Sadly, even in the worst cases of wrongful death, or life altering catastrophe, if the person who caused it has only $25,000 in insurance coverage, then this will likely be the amount paid. This is true even if the actual losses tally into the millions of dollars. Therefore, rather than leaving it to chance, many people work to obtain the benefit of additional coverage.

Additional Insurance (UIM): Given the expense of medical care, even the most significant amounts of insurance coverage can be exhausted. It is important then for the innocent victim(s) of a collision to determine whether his or her own insurance will provide additional money in the form of Underinsured Motorist Coverage (UIM). This type of coverage must be offered by the insurer, and it can only be rejected by proof of a signed rejection. It is unfortunate when people are injured and find out they do not have UIM coverage since the premiums are usually not significant—but this coverage must be purchased in advance.

If there is insufficient insurance available, then the maximum amount of money available to pay the claim will likely be disappointingly inadequate in most instances. That is because, in essence, a personal injury claim is one made against the person individually (to the extent of their available liability insurance). One of the main reasons insurance is required under the law is because most people do not have the money set aside to pay people they might injure through negligence. Our attorneys have the experience necessary to find and tap into all available insurance coverage.

Fault: Many victims of catastrophic injuries find the worry and anxiety of their unexpected injuries is made worse by a poorly filled out or improper police report, a confused witness, or a lack of physical evidence establishing the precise cause of the collision. Some accident victims are perplexed to find out that the insurance company for the at-fault driver suggests there is now a dispute about the color of the traffic signal or some other important fact establishing liability. It doesn’t seem to matter that the victim has a clear memory of a green light in their lane of travel or other important considerations establishing fault. An unscrupulous claims representative or one acting in good faith upon a misreporting of the facts has strong incentives to spread the blame back on the victim because the law in Arkansas imposes comparative fault. This means the value of an accident victim’s claim is discounted by the percentage he or she might be deemed to be at fault.

Pre-existing conditions: The law states that a person is only entitled to recover payments against the negligent actor for damages that are “proximately caused” by the collision or catastrophe. This means the injured victim has to muster proof showing the precise injury he or she suffered following the event was caused by the negligent event and not something else. Many people are familiar with ideas associated with the phrase post hoc ergo proctor hoc, which is just one way to describe the idea that just because one event follows another does not mean it is the cause. Even those unfamiliar with these words understand the skepticism following a pronouncement by a middle-aged fellow that his “wife caused his gray hair” because “it is no longer the same color it was on their wedding day twenty-five years ago.” These same notions of cause and effect can cut into the value of a personal injury case because insurance companies and their attorneys are experienced in gathering the victim’s medical records and highlighting prior complaints of similar sounding pain and discomfort existing for years prior to the collision. It is true that the law understands this and similarly describes responsibility for “the aggravation of the pre-existing injury,” but this can be difficult to sort out. And, if all the discussion is centered on this issue rather than the true extent of the injury, the value can be lost at trial. I have experience working for insurance defense firms and know how to combat insurance companies’ attempts to dilute the value of cases.

The point here is to highlight these issues, which can be used by insurance companies and their attorneys to cut away the responsibility to pay damages. Unlike the insurance companies, which have teams of adjusters and attorneys at their disposal, many accident victims have no idea of how to meet these challenges head on.

Here at Collins, Collins & Ray, P.A. we say that “personal injury is personal” because we know not everyone suffers the exact same damages. With this knowledge and experience, we have had many opportunities over the years to deal with the common challenges that arise due to available insurance, comparative fault, and pre-existing injuries; we have tried and true methods at our disposal to deal with them. We enjoy helping people overcome these problems as we want to help people get the best chance to move past catastrophic injuries and get back to living their lives.

Brian W. Ray is honored to represent many people needing assistance with catastrophic personal injury and wrongful death claims as well as a vast and diverse docket of civil, criminal, and business litigation cases. He has tried and settled cases all over Arkansas for many years. He is rated “Superb” by peers on the attorney directory, Avvo, and has earned status as a “Preeminent Lawyer” with the Martindale-Hubbell® lawyer index. Mr. Ray is a regularly sought out speaker for attorneys looking to obtain further legal education on many litigation and injury topics. Other attorneys and previous clients speak firsthand to his skill and dedication by referring many of Mr. Ray’s clients.

Statistics confirm that witness observations are usually incorrect in many important respects. Statistics also say that 78% of statistics are made up on the spot. Forget about statistics. What do you see with your own eyes? Take a moment and see if you can form a reliable memory of what your spouse, child, or roommate was wearing when he or she left the house this morning, or if you are at home, now, can you remember what they are wearing in the next room? No peeking? What can you identify? Glasses? Shoes? Belt? Socks? Shirt? Where was your attention before you were asked about such details?

Unfortunately, although often unreliable, eyewitness testimony is often relied upon in catastrophic injury cases. Now, take a moment and really look at the item in the water in the photograph. How certain are you about what exactly you are seeing? Most people, if they are being honest, will have to concede that without more information it is almost impossible to be certain about exactly what they are looking at. It is a log? Perhaps a fish? Less likely, but surely possible. A crocodile? Wait, do they live in freshwater lakes? Is this a freshwater lake? An alligator then? Maybe. Who knows? Maybe the person who took the photograph knows. Maybe, the photographer knows, but then, did he or she really probe it with a stick, or throw a rock at it? Was this picture taken in a zoo? In the United States? In South America? In North America? The list of information you would need to know to reach any degree of certainty seems endless.

Often people coming in to see us for the first time are upset and dismayed that some “witness” has come forward challenging what they know happened. Just as often, people marvel that someone taking an oath to tell the truth puts the actual truth into doubt where there was none before. Even aside from bias, or motivations that might exist, the fact of the matter is that human beings do not have the ability to take in and register every possible detail in their field of view.

This is where trial lawyers go to work. We are trained to trim back false impressions and expose bias or faulty assumptions. This is important because in litigation, which is what trial lawyers do, all sorts of things that are supposedly settled are cast into doubt in ways that usually favor those creating the questions. This may lead to people leaving the courthouse shaking their head in confusion about what the “findings of facts” and “conclusions of law” turn out to be. Skilled lawyers have to know how to fight these built-in problems head-on to be sure that what the jury sees is what truly happened.

If you or someone you know is concerned that what happened is being improperly put into question by one seeking to avoid responsibility, then be assured that the attorneys at Collins, Collins & Ray, P.A. know how to keep the focus on the truth of what happened. We have investigators, tools, and specific methods we use to document and record the important facts of a case as early as possible in the process. The insurance company has investigators it employs to make certain the evidence is gathered in a way that favors their decision-making, shouldn’t you?

Brian W. Ray is honored to represent many people needing assistance with catastrophic personal injury and wrongful death claims as well as a vast and diverse docket of civil, criminal, and business litigation cases. He has tried and settled cases all over Arkansas for many years. He is rated “Superb” by peers on the attorney directory, Avvo, and has earned status as a “Preeminent Lawyer” with the Martindale-Hubbell® lawyer index. Mr. Ray is a regularly sought out speaker for attorneys looking to obtain further legal education on many litigation and injury topics. Other attorneys and previous clients speak firsthand to his skill and dedication by referring many of Mr. Ray’s clients.

When a catastrophe knocks you out of your everyday routine, it is devastating in ways much greater than it may first appear. All of a sudden, simple day-to-day routines seem insurmountable. No more trips to school for plays or special events or even to drop off your child; no more light-hearted shopping trips or easy mornings, waking up slowly with the newspaper; no more picking up small children or household items. Devastating loss robs you of all of these ordinary things and much more.

What does Arkansas law say about Personal Injury?

Under Arkansas law, a person who is the victim of another’s negligence must have their losses restored by the negligent person. Because no single individual has the power to instantly put someone back together again, the law provides that money must be paid for those losses. The goal is to provide the innocent victim(s) with resources to get back to the life they had before being thrown into a small life of forced limitation.

Therefore, to address these consequences, Arkansas law guides the award of damages by compelling payment for the following losses (and possibly others depending on the type of case):

The nature, extent, duration, and permanency of any injury.

The reasonable expense of any necessary medical care, treatment, and services received including transportation expenses necessarily incurred in securing such care, treatment, or services and the present value of such expenses reasonably certain to be required in the future.

Any pain and suffering and mental anguish experienced in the past and reasonable certain to be experienced in the future.

The value of any earning salary and working time lost.

Within these few short legalistic sounding phrases, qualified personal injury attorneys find everything needed to force the law to open up the client’s world again. In handling hundreds and hundreds of injury claims, I know not everyone is affected the same way, even when dealing with very similar injuries. Indeed, people in the same collision can experience it very differently.

That is why here at Collins, Collins & Ray, P.A., we understand personal injury is personal—it affects everyone very personally in unique ways. For example, very active people have many daily physical demands, and even a minor physical injury takes away some of the most rewarding parts of their lives. Even less active people report that their harms and losses force them to confront consequences of the catastrophe many times a day, in ways they would not have anticipated. Just getting out of bed and attempting a short walk around the neighborhood, visiting a local park, taking a bike ride to the nearby gym, walking on a treadmill, or other taken-for-granted activities are now the source of serious difficulty, which often leads to depression on top of everything else. The law takes notice of these losses and the “pain and suffering and mental anguish” they cause; the law makes an effort to make remedies obtainable, although an experienced attorney is usually the key in making sure you attain all the remedies available to you.

Other victims of serious injuries may not have been as active, but enjoyed certain routines they were not even aware required physical effort until becoming injured. Simple activities like sewing, knitting, gardening, driving, using the restroom, cooking, or household cleaning often become impossible due to the required reaching, standing, bending, sitting, or stooping. Just getting dressed, and possibly getting into a wheelchair, to go to the doctor can invite hours of difficulty and pain. Others experience surprising limitations forcing them to forego tasks like assisting neighbors or friends, going grocery shopping, and even driving to work. Sadly, the world of someone seriously injured can shrink into a mundane cycle of restless sleep, pain medication, and reliance on others for basic needs.

What can I do?

We proud Southerners were raised not to complain and to learn to accept the circumstances we are given. This stoic willingness to not complain has its upside; however, there comes a day we must seek help from other professionals. There comes a day to hand over our problems to those trained to handle them. There comes a day to trust others with what we can no longer handle alone. Here at Collins, Collins & Ray, P.A., we tell our clients to leave their legal problems with us so they can focus on recovering and returning to a normal life.

Many people find the healing period following a catastrophic injury continues for the rest of their lives. These devastating events are traumatic and life altering. Many people are never the same, but it does get better. Many clients report stages of grief and acceptance with a lot of hardship in between. Just as often, people find strength in challenging situations after succumbing to weakness and temporary despair. These are very trying times with circumstances way beyond ordinary, but it is our experience that many people work their way through and indeed learn to thrive again. There are many good books on these topics, so we will not cover much of them here; we would like to report that there is light remaining in every life, but sometimes people need help getting back on the path to find it. Because of our many experiences in guiding people through these trying times, we truly understand the devastating losses our clients and others go through after a serious injury, and we want to help. If and when that day comes for you, we can offer insights on how others dealt with the life-changing circumstances.

If you or someone you know had their world ripped apart because of another person’s negligence, we are here to offer experienced help. It is an honor when people trust us to help them get what the law offers so they can get back to enjoying life. It is worth the effort!

Brian W. Ray is honored to represent many people needing assistance with catastrophic personal injury and wrongful death claims as well as a vast and diverse docket of civil, criminal, and business litigation cases. He has tried and settled cases all over Arkansas for many years. He is rated “Superb” by peers on the attorney directory, Avvo, and has earned status as a “Preeminent Lawyer” with the Martindale-Hubbell® lawyer index. Mr. Ray is a regularly sought out speaker for attorneys looking to obtain further legal education on many litigation and injury topics. Other attorneys and previous clients speak firsthand to his skill and dedication by referring many of Mr. Ray’s clients.

Brandi Collins has received the 10 Best Award in Client Satisfaction from the American Institute of DUI/DWI Attorneys for 2016.

This award recognizes Brandi’s commitment to her clients and her reputation as a top Arkansas DUI/DWI attorney. Recently, Brandi attended the Intensive DWI Workshop at Harvard Law School taught by the National College for DUI Defense and several Mastering Scientific Evidence courses in New Orleans among many other professional seminars and presentations.

DUI/DWI attorneys who are recognized with the 10 Best Award are nominated by clients and peers, then are evaluated by the AIDUIA through a rigorous selection process. Only attorneys with a proven reputation for superior dedication to their clients are selected. AIDUIA’s goal with the 10 Best Award is to recognize attorneys who have achieved significant success in the field of DUI/DWI law while also demonstrating the highest standards of client satisfaction.

For more information or to speak to Brandi Collins about your case, please contact us.

Brian Ray, of Collins, Collins & Ray, P.A., has been selected to the 2016 list as a member of the Nation’s Top One Percent by the National Association of Distinguished Counsel. NADC is an organization dedicated to promoting the highest standards of legal excellence. Its mission is to objectively recognize the attorneys who elevate the standards of the Bar and provide a benchmark for other lawyers to emulate.

Members are thoroughly vetted by a research team, selected by a blue ribbon panel of attorneys with podium status from independently neutral organizations, and approved by a judicial review board as exhibiting virtue in the practice of law. Due to the incredible selectivity of the appointment process, only the top one percent of attorneys in the United States are awarded membership in NADC. This elite class of advocates consists of the finest leaders of the legal profession from across the nation.

LITTLE ROCK, AR (April 18th, 2016) – Little Rock attorney Brian Ray of Collins, Collins & Ray, P.A., has been selected as a top lawyer in Arkansas by The National Academy of Personal Injury Attorneys (NAOPIA) for the year of 2016. This exclusive group of lawyers features only the top 10 personal injury attorneys for any given state. This is not the first time that Brian has been honored with this impressive credential.

Specific to the legal service of Personal Injury, The NAOPIA honors a mere 1% of all attorneys nationwide with the prestigious “Top 10” list for each state. This is only after the attorney has advanced through the top 50 that precedes this step in the selection process. There are several steps and filtration processes in place to ensure that only the best are selected to exist among the highest ranking attorneys.

“The attorneys that make our list have to first be nominated by a licensed practicing attorney or one of our in-house research staff members. Second, our research staff verifies that they meet the minimum requirements of membership.” – (www.naoipia.com)

Client reviews, peer reviews, case outcomes, formal PI training, education and published works are all taken into consideration as well during the selection process. This is the latest recognition for Brian Ray, as well as anyone at the Collins, Collins & Ray Law Firm.

About Collins, Collins & Ray

Collins, Collins & Ray was formed between good friends that had a common desire: work in a friendly environment where the needs of the client come before anything else. Each of us has worked in public service and has dedicated our professional development to helping others. Our attorneys have gained experience as: in-house counsel for a group of trucking and brokerage companies, insurance defense attorney, and two prior police officers who went on to work as prosecutors after law school.

We knew that if we combined our experiences, we could help people in a way that we previously were unable to do. Our firm now provides more services and will allow us additional time to spend on the client’s case without the time constraints our prior practices placed on us. For more information, visit https://www.ccrlawfirm.com.

More About One of Arkansas’ Top DWI/DUI Attorneys

Selected by the magazine’s readers, the top attorneys chosen for the feature received the most nominations, not only showing the quality of their work, but their attention to customer service. Collins, Collins & Ray PA is proud to have a partner chosen for the list.

Prior to attending law school, John served in military and law enforcement roles. With public service at the heart of his previous career, John uses his talents as an accomplished DWI attorney to lecture frequently to a multitude of groups. From law enforcement training sessions and to sessions with other attorneys on a national level, John is well-known for his advocacy in fighting for justice for his clients.

Speaking to Arkansas Life Magazine about the firm (one of his partners is his wife, Brandi), John said, “When we step into the ring, we fight,” he said. “Knowledge of the science, training and politics in this area of law helps us fight cases others may not take to trial.”

John has been recognized by Super Lawyers, the National Association of Distinguished Counsel, and the National Academy of Criminal Defense Attorneys for his accomplishments. He is a member of the National College for DUI Defense, the DUI Defense Lawyers Association, the Arkansas Association of Criminal Defense Lawyers, and the Arkansas Bar Association.

LITTLE ROCK, AR (March 4, 2016) – Little Rock attorney John Collins of Collins, Collins & Ray, P.A., will present at Racing for Justice XIV on Saturday, March 12 at The Arlington Resort Hotel & Spa in Hot Springs, AR. As a well-established authority in the field of DWI/DUI defense, Collins will deliver a talk on the state of DWI roadblocks in Arkansas.

Recently, several DWI roadblocks conducted by state and local police in Arkansas have been the subject of scrutiny by Collins and the news media. Collins maintains that the police must always operate within the law when conducting DWI roadblocks or checkpoints. This includes respecting the fourth amendment to the United States Constitution which prohibits unlawful search and seizure of citizens and their property.

Collins has presented on a wide variety of Arkansas DWI topics to fellow lawyers in the past, including arrest procedure and breathalyzer testing among others. As a former police officer and prosecuting attorney in Arkansas, Collins possesses a unique wealth of experience on DWI topics which he regularly shares through continuing legal education (CLE) events.

All of the attorneys at Collins, Collins & Ray are committed to serve Arkansas with the best available legal counsel in DWI/DUI defense, personal injury, and insurance claim matters.

About Collins, Collins & Ray

Collins, Collins & Ray was formed between good friends that had a common desire: work in a friendly environment where the needs of the client come before anything else. Each of us has worked in public service and has dedicated our professional development to helping others. Our attorneys have gained experience as: in-house counsel for a group of trucking and brokerage companies, insurance defense attorney, and two prior police officers who went on to work as prosecutors after law school.

We knew that if we combined our experiences, we could help people in a way that we previously were unable to do. Our firm now provides more services and will allow us additional time to spend on the client’s case without the time constraints our prior practices placed on us. For more information, visit https://www.ccrlawfirm.com.

Brian W. Ray Has Been Nominated and Accepted as a Three Years AIOPIA’S
10 Best in Arkansas For Client Satisfaction

The American Institute of Personal Injury Attorneys has recognized the exceptional performance of
Arkansas’s Personal Injury Attorney Brian W. Ray as Three Years 10 Best Personal Injury Attorneys for
Client Satisfaction.

The American Institute of Personal Injury Attorneys is a third-party attorney rating organization that
publishes an annual list of the Top 10 Personal Injury attorneys in each state. Attorneys who are
selected to the “10 Best” list must pass AIOPIA’s rigorous selection process, which is based on client
and/or peer nominations, thorough research, and AIOPIA’s independent evaluation. AIOPIA’s annual list
was created to be used as a resource for clients during the attorney selection process.

One of the most significant aspects of the selection process involves attorneys’ relationships and
reputation among his or her clients. As clients should be an attorney’s top priority, AIOPIA places the
utmost emphasis on selecting lawyers who have achieved significant success in the field of Personal
Injury law without sacrificing the service and support they provide. Selection criteria therefore focus on
attorneys who demonstrate the highest standards of Client Satisfaction.

We congratulate Brian W. Ray on this achievement and we are honored to have him as a Three Years
AIOPIA Member.

You can contact Brian W. Ray directly at 501-588-0358 or www.ccrlawfirm.com.

LITTLE ROCK, AR (Dec. 15, 2015) – In a recent decision, the Arkansas Court of Appeals reversed a previous circuit court’s ruling on the lawfulness of a 2012 sobriety checkpoint and arrest conducted by Arkansas State Police. Little Rock DWI attorney John Collins of the law firm Collins, Collins & Ray, P.A. argued successfully for the defense. Collins represented Jeremy Whalen, who was arrested at the checkpoint in 2012 and initially convicted of DWI in 2014.

The Court of Appeals’ decision to declare the sobriety checkpoint unlawful was based on the apparent lack of organization, discretion, and established procedural standards on the part of the State Police. Collins sees the ruling as a victory for Arkansas citizens, accountable policing, and the protection against unlawful search and seizure.

“The U.S. Supreme Court says you can run roadblocks for DWI investigations, but there has to be limits,” Collins said. “The police can’t just set up roadblocks anywhere at any time. This ruling shows that supervisors must be held accountable, which goes beyond just the officer in the field.”

The State Police is said to have conducted other roadblocks similar to the one described in the case in recent years, but spokesmen from both the State Police and the Arkansas Attorney General’s office stated it was too early to say how the court’s decision will affect future investigations.

Collins has practiced law in Little Rock for over 15 years, focusing on defending Arkansas citizens facing DWI/DUI charges. Before starting his own practice, Collins previously served as a prosecuting attorney and before that, as a police officer.

About Collins, Collins & Ray

Collins, Collins & Ray was formed between good friends that had a common desire: to work in a friendly environment where the needs of the client come before anything else. Each of the founding attorneys has worked in public service and has dedicated their professional development to helping others. Separately, the attorneys have gained experience as in-house counsel for a group of trucking and brokerage companies, as an insurance defense attorney, and two as prior police officers who went on to work as prosecutors after law school.

The award-winning firm focuses on several areas of the law including DWI/DUI defense, personal injury, medical malpractice, insurance claims, property disputes, and employment law, among others.

The founding attorneys knew that if they combined their experiences, they could help people in a way that they were previously unable to. The firm now provides more services and will allow additional time to spend on clients’ cases without the time constraints placed on attorneys at other practices. For more information, visit https://www.ccrlawfirm.com.

ABOUT US

COLLINS, COLLINS & RAY can help; whether you need an aggressive trial attorney or an artful negotiator, or both, we have you covered. With backgrounds that include police work, prosecutorial duties, and big truck litigation for insurance companies, we are uniquely qualified to handle your case. Contact CCR Law Firm today.